Campaign group Liberty and MPs Tom Watson and David Davis are using the Human Rights Act to challenge the Data Retention and Investigatory Powers Act  which enables Britain’s intelligence agencies to gather people’s phone and internet communications data. The legislation was fast-tracked through Parliament in three days last July after the European Court of Justice ruled that the existing powers were illegal.  Ministers said the new law, which required communications companies to retain data for twelve months for possible investigation, would simply maintain existing powers and that without it the UK’s ability to protect the country against terrorism and to fight crime would be seriously compromised.

Incompatible

But Mr Watson and Mr Davis argue that the legislation is incompatible with the right to a private and family life, and data protection, under the Human Rights Act. Liberty has stated it ‘does not dispute the role of communications data in solving and preventing crime, but does not believe that justifies the costly and lengthy mass retention of records of those who are not involved in such investigations. Liberty is calling for prior judicial authorisation and a requirement that data is only retained as part of investigations into serious crime and to prevent death and injury.’ The Home Office has said it does not comment on ongoing legal proceedings. The High Court verdict is not expected for several months. Sources: BBC News; Politics Home; Liberty